Re: copyright or trademark

On Wed, Mar 17, 1999, John Logie <antrobus[_at_]ripco.com> wrote:
>
> On Tue, 16 Mar 1999, Stan Morris <smmorris[_at_]rmii.com> wrote:
> >
> > This is maybe off topic but: I was asked if a work of fiction mentions
> > a trade name, as a part of the background, must permission be obtained
> > to use a trade name be obtained. The author's use was "It's like
> > trying to nail Jello to a wall." His character also drives a
> > Chevrolet. If he uses Chevy is that covered?
>
> Boy, this question saddens me.
>
> NO! No permission is needed.
>
> Consider, for example, Brett Easton Ellis's distasteful novel,
> "American Psycho," in which the titular murderer is an especially
> brand-conscious psychopath. If left to the trademark-owners'
> prerogatives, the brand names would almost certainly have been
> excised. Fortunately, that's not the way it works here (at least
> not YET).
>
> The fact that this question must now be asked speaks to how damaging
> the current copyright "land-grab" really is. The thought that writers
> might need to ask permission every time they place a character into a
> Chevy rather than a Volkswagon is so repellent that I wish we still
> had the freedom to dismiss it out of hand.

It saddens me that Mr Logie refers to the assertion of trademark rights as a "copyright land grab".

Bob Cumbow
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Thu Mar 18 1999 - 21:50:46 GMT